By: Campbell S.B. No. 2370
A BILL TO BE ENTITLED
AN ACT
Relating to the provision of emergency services in Comal County
Water Improvement District No. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, title 5 Special District Local Laws
Code, Chapter 8489 is amended to add the following:
Sec. 8489.111. EMERGENCY SERVICES DISTRICT DIVISION. (a)
If the district is located in an emergency services district, all
or part of the district may be divided out into a new emergency
services district by petition to the county judge of at least sixty
percent of the district's qualified voters.
(b) A petition for division must include:
(1) the name of the new emergency services district to
be created, with the name of the county and the proper consecutive
number inserted; and
(2) a description of the territory proposed to be in
the new emergency services district's territory.
(c) The petition may include an agreement with a neighboring
municipality to provide fire and emergency medical services through
the new emergency services district.Such agreement shall be
evidence that the division is feasible as required under Section
8489.111(g)(2)(B).
(d) No later than 30 days from receipt of the petition,
commissioners court shall set a place, date, and time for a hearing
to consider the petition.
(e) The commissioners court shall issue a notice of the
hearing that includes:
(1) the name of the proposed district;
(2) a description of the proposed district's
boundaries; and
(3) the place, date, and time of the hearing on the
petition.
(f) The county shall publish the notice in a newspaper of
general circulation in the district once a week for two consecutive
weeks. The first publication must occur not later than the 21st day
before the date on which the hearing will be held.
(g) At a hearing on the petition for the division of the
existing emergency services district, the commissioners court
shall consider the petition.
(1) Any interested person may appear before the county
to support or oppose the division.
(2) The commissioners court shall approve the petition
no later than the 10th day after the date of the hearing if the
commissioners finds that:
(A) The petition contains the number of
signatures required under Section 8489.111(a); and
(B) The proposed division is feasible.
(h) On granting a petition to divide the emergency services
district, the commissioners court shall order an election to be
held in the territory of the proposed new emergency services
district to confirm the division of the existing emergency services
district and authorize the imposition of a tax not exceed the rate
allowed by Section 48-e, Article III, Texas Constitution.
(1) Notice of the election shall be given in same
matter as the notice of hearing under Section 8489.111(f).
(2) The election shall be held on the first authorized
uniform election date prescribed by the Election Code that allows
sufficient time to comply with the requirements of law.
(3) The ballot shall be printed to provide for voting
for or against the proposition: "Dividing the Comal County
Emergency District No. to create a new emergency services
district" and authorizing the imposition of a tax which shall not
exceed the tax rate of the existing emergency services district.
(4) If a majority of voters voting at the election vote
to divide the existing emergency services district, the emergency
services district shall be divided by order of the county and the
territory of the new emergency services district shall be
immediately disannexed by the existing emergency services
district. The order to divide the district must:
(A) create the new emergency services district in
accordance with Chapter 775, Texas Government Code;
(B) name the new district in accordance with the
petition;
(C) include the metes and bounds description of
the territory of the new emergency services district; and
(D) appoint the board of the new emergency
services district in the manner described in Section 775.034, Texas
Government Code.
(5) The new emergency services district each shall
reimburse the county for the cost of an election held under this
section.
(i) The board of the new emergency services district shall
govern the territory of the existing district after disannexation.
(j) The disannexation of territory from an emergency
services district under this section does no diminish or impair the
rights of holders of any outstanding and unpaid bonds of that
district.
(1) Upon the earlier of receipt of the petition or
publication of notice of the petition and until the date of the
election and, if the proposition passes, the disannexation of
territory, the existing emergency services district shall not
pledge ad valorem tax or sales and use tax of the territory of the
proposed new emergency services district for any obligation.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the necessary vote for immediate effect, this
Act takes effect September 1, 2023.